Linder v. Insurance Claims Consultants, Inc.
South Carolina Supreme Court
560 S.E.2d 612 (2002)
After a fire damaged the Linders' (plaintiffs) home, they hired Insurance Claims Consultants, Inc. (ICC) (defendant), whose employees were not attorneys, to review their insurance claim in exchange for 10 percent of the total recovery. When the Linders' insurer initially rejected coverage for the full value of their gun collection, ICC advised the Linders the collection should be covered and discussed that interpretation with the insurer directly, eventually prompting the insurer to reverse course and pay full value; when the claim resolved, the Linders refused to pay ICC's 10 percent fee. ICC sued for breach of contract, and the Linders countered by suing ICC in the South Carolina Supreme Court for unauthorized practice of law.
Whether an activity that entails legal skill and knowledge constitutes the practice of law.